Couple demand right to a baby girl

A UK couple whose only daughter died last year are to launch a court action under the new Human Rights Act to win the right to choose their baby's sex. Alan and Louise Masterton, who have four sons, want to use genetic testing and IVF to ensure their next child is a girl. Mrs Masterton, 42, was sterilised after the birth of their daughter Nicole, who died in a bonfire accident aged three.

Under current UK law, embryo sex selection is only permitted for couples at risk of passing on a serious inherited condition to babies of a particular gender. However, the Human Fertilisation and Embryology Authority (HFEA) told the Mastertons that it would consider their request if they made an application through one of the five IVF clinics in the UK with the necessary expertise. But after being turned down by all the clinics, the couple say their case has not been given a fair hearing, which they claim is a breach of Article 6 of the Human Rights Act. They also plan to argue their case under Article 8, the right to respect for private and family life.

Meanwhile, a woman who has undergone eight unsuccessful IVF attempts plans to use the new Human Rights legislation to challenge the ban on implanting more than three embryos at a time. Helen Blackith, 46, wants to boost her chances of conceiving by having five embryos implanted simultaneously, reported the Daily Mail last week. Mrs Blackith and her doctor Mohammed Taranissi plan to argue that the ban is in breach of Article 8 of the Act, and also Article 12 - the right to marry and start a family. 'After a certain age a woman's chance of conceiving is reduced and the number of embryos implanted should be left to medical judgement' said Mr Taranissi, head of the Assisted Reproduction and Gynaecology Centre in London.